The HSE have released new guidance on the Health and Safety of young persons in the workplace. This guidance covers work experience placements and will assist with the process and management of those companies who have work experience students attend their workplace. The guidance also highlights what companies should be doing to ensure the safety of work placement students whilst in their care.

http://uksltd.com/wp-content/uploads/logo.png00Neilhttp://uksltd.com/wp-content/uploads/logo.pngNeil2015-09-16 17:13:402015-09-16 17:13:40New Young Person's guidance Released by HSE

There are dozens of deaths and more than 40,000 injuries each year related to the use of machines.

The HSE argues that many of these could easily be prevented with the use of adequate machine guards.

On 30 September 2013, the HSE prosecuted Oldfields Ltd, an East London food manufacturer, for a series of safety failings in relation to its dicing machine.

The HSE found that Oldfields:

did not carry out a sufficient Risk Assessment for use of the machine

failed to follow their own safety procedures for its use

failed to follow the manufacturer’s safety instructions

failed to adequately instruct, supervise or train employees

failed to prevent access by workers to dangerous moving parts

failed to conduct adequate safety checks on the machine, or ensure that its controls were clearly visible.

Oldfields was fined £18,000 and ordered to pay £9,399 costs after pleading guilty to offences under Section 3 of the Health and Safety at Work Act 1974.

Comment

The HSE is taking active enforcement measures against employers and employees who actively remove or tamper with machine guards in an attempt to make their work quicker or more efficient.

With increasing automation in modern UK industry, employers must ensure machine guards are in place and used where necessary, or face potential action by the HSE.

In addition, employers should ensure that its risk assessments are suitable and sufficient, and deal specifically with the identifiable risks arising out of the use of a machine. Serious consideration should be given to any machine guards which could minimise the risk of injury.

Importantly, if machine guards are being used, employers must have procedures in place to ensure they are being utilised and adequately maintained.

Under tougher sentencing guidelines proposed last week, large firms convicted of corporate manslaughter will face fines of up to £20m.

According to the Sentencing Council, which for England and Wales promotes greater consistency in sentencing, whilst maintaining the independence of the judiciary, punishments for organisations and individuals found guilty of health and safety as well as food safety and hygiene offences should also be substantially increased.

The Council produces guidelines on sentencing for the judiciary and aims to increase public understanding of sentencing, and the recommendations contained in its latest draft guidance for judges in England and Wales has now been put out for consultation.

In 2013/14 in the UK, 133 people were killed at work and 70 members of the public fatally injured in accidents connected to work, according to the Health and Safety Executive (HSE).

However, to date, there have been only eight convictions for corporate manslaughter in England and Wales since the legislation was introduced in 2007.

The largest fine issued thus far was handed down just a few weeks ago when a company was found guilty of corporate manslaughter and fined £500,000 following the death of an employee.

Given the fact that £500,000 is the biggest fine handed out so far, it is evident that the proposals from the Sentencing Council to substantially increase the fines are set to shake things up and ensure that companies start to take health and safety more seriously.